Hart v. Clear Recon Corp.Annotate this Case
In a wrongful foreclosure action, the Court of Appeal reversed the award of attorney's fees to Nationstar Mortgage that was based on a clause in the deed of trust. The court held that the clause at issue was not an attorney's fee provision. The court also held that simply pleading a right to attorney's fees was not a sufficient basis to judicially estop a party from challenging the opposing party's alleged contractual basis for an award of attorney's fees. Therefore, the trial court erred in relying on judicial estoppel as an alternative basis for its fee award.